Independent Living Fund closure ruled lawful – BBC News

‘A government decision to close a fund that helps disabled people to live and work in the community has been ruled lawful by the High Court.’

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BBC News, 8th December 2014

Source: www.bbc.co.uk

Saved by the Cap: Third Party Costs Order – RPC Professional and Financial Risks Blog

Posted December 8th, 2014 in accountants, costs, damages, insurance, news, third parties by sally

‘On 30 June 2014 judgment was handed down by Mrs Justice Rose in Swynson Limited v Lowick Rose LLP (in liquidation) [2014] EWHC 2085 (Ch). Rose J held that the Defendant, a firm of accountants, were liable but found that they owed no duty of care to the individual investor who had provided finance for a management buy-out. She awarded damages up to the liability cap of £15million inclusive of interest and costs, on the basis that the liability cap set out in the engagement letter reflected the commercial agreement reached by the parties.’

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RPC Professional and Financial Risks Blog, 4th December 2014

Source: www.rpc.co.uk

Krys and another v Stichting Shell Pensioenfonds – WLR Daily

Posted December 8th, 2014 in foreign jurisdictions, injunctions, insolvency, law reports, liquidators by sally

Krys and another v Stichting Shell Pensioenfonds [2014] UKPC 41; [2014] WLR (D) 516

‘There is no principle in insolvency proceedings which prevents an anti-suit injunction being made against a foreign creditor so as to restrain him from resorting to the courts of his own country. A creditor may not seek or enforce an order from a foreign court which will result in his enjoying prior access to any part of the insolvent estate.’

WLR Daily, 26th November 2014

Source: www.iclr.co.uk

Regina (Akin) v Stratford Magistrates’ Court – WLR Daily

Posted December 8th, 2014 in law reports, licensed premises, licensing, local government, police, regulations by sally

Regina (Akin) v Stratford Magistrates’ Court [2014] WLR (D) 518

‘The approach to procedural irregularity in R v Secretary of State for the Home Department, Ex p Jeyeanthan [2000] 1 WLR 345 was applicable to the Licensing Act 2003 and the Licensing Act 2003 (Premises Licences and Club Premises Certificates) Regulations 2005 made thereunder.’

WLR Daily, 2nd December 2014

Source: www.iclr.co.uk

Regina (Heath & Hampstead Society) v Mayor, Commonalty and Citizens of the City of London – WLR Daily

Regina (Heath & Hampstead Society) v Mayor, Commonalty and Citizens of the City of London [2014] EWHC 3868 (Admin); [2014] WLR (D) 517

‘The purpose of the Reservoirs Act 1975 was not to mitigate the effect of water escape from large raised reservoirs but rather to prevent such escape and to avert the potential danger to persons and property from an escape.’

WLR Daily, 28th November 2014

Source: www.iclr.co.uk

Global Torch Ltd v Apex Global Management Ltd and others (No 2); Apex Global Management Ltd v Fi Call Ltd and others (No 2) – WLR Daily

Posted December 8th, 2014 in appeals, case management, disclosure, law reports by sally

Global Torch Ltd v Apex Global Management Ltd and others (No 2); Apex Global Management Ltd v Fi Call Ltd and others (No 2) [2014] UKSC 65; [2014] WLR (D) 515

‘The standard form of disclosure ordered at a case management hearing normally required a personal signature by the party making the disclosure. It would be inappropriate for an appellate court to interfere with the case management decision of a first instance judge unless it were outside the generous ambit within which reasonable decision-makers might disagree.’

WLR Daily, 26th November 2014

Source: www.iclr.co.uk

Regina v Adebolajo and another – WLR Daily

Posted December 8th, 2014 in appeals, law reports, murder, religiously aggravated offences by sally

Regina v Adebolajo and another [2014] WLR (D) 519

‘A defendant’s claim that he was a soldier of Allah who was, or believed himself to be, engaged in a war or rebellion against the United Kingdom, did not amount to a defence to a charge of the murder of an off-duty soldier.’

WLR Daily, 3rd December 2014

Source: www.iclr.co.uk

Judge rules Jehovah’s Witness boy can receive blood transfusion – The Guardian

Posted December 8th, 2014 in children, consent, medical treatment, news, parental rights by sally

‘A high court judge has ruled that the son of two devout Jehovah’s Witnesses can be given a blood transfusion despite religious objections from his parents.’

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The Guardian, 8th December 2014

Source: www.guardian.co.uk

Vestergaard – creating another buzz – RPC IP Hub

Posted December 8th, 2014 in damages, health, intellectual property, news by sally

‘This long-running case has now reached a finale – a High Court decision on the assessment of damages, handed down in October 2014.’

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RPC IP Hub, 4th December 2014

Source: www.rpc.co.uk

‘Selection’ patents invalid unless they make ‘plausible’ technical contribution, rules High Court – OUT-LAW.com

Posted December 8th, 2014 in medicines, news, patents by sally

‘Pharmaceutical companies stand to lose patent monopolies that cover a number of individual compounds within a broader chemical formula if they cannot show a plausible link between the compounds covered by the patent and a technical contribution to treatment claimed in the patent, the High Court has confirmed.’

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OUT-LAW.com, 4th December 2014

Source: www.out-law.com

Above and below the waterline: IPT finds that Prism and Tempora are lawful – Panopticon

‘The now famous revelations by US whistleblower Edward Snowden focused on US government programmes under which vast amounts of data about individuals’ internet usage and communications were said to have been gathered. The allegations extended beyond the US: the UK government and security agencies, for example, were also said to be involved in such activity.’

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Panopticon, 5th December 2014

Source: www.panopticonblog.com

Revealed: Law Society did not seek advice on Sharia law before issuing controversial wills guidance – Legal Futures

Posted December 8th, 2014 in islamic law, Law Society, news, wills by sally

‘The Law Society did not consult any experts in Sharia law before issuing the controversial practice note on Sharia-compliant wills that it was forced to withdraw last month, it has emerged.’

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Legal Futures, 8th December 2014

Source: www.legalfutures.co.uk

Judge resigns after making racist remark about victim – The Guardian

Posted December 8th, 2014 in crime, immigration, judges, news, professional conduct, racism, victims by sally

‘An immigration judge has been forced to resign as a district judge after making a racist remark about a crime victim.’

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The Guardian, 7th December 2014

Source: www.guardian.co.uk

Government launches consultation into mandatory reporting of FGM – Home Office

Posted December 8th, 2014 in consultations, female genital mutilation, news, victims by sally

‘Further details unveiled of funding recipients and new unit to tackle female genital mutilation.’

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Home Office, 5th December 2014

Source: www.gov.uk/home-office

Legal aid slashed with no thought for consequences, MoJ chief admits – The Independent

Posted December 8th, 2014 in budgets, debts, employment, families, housing, legal aid, news by sally

‘The legal aid bill is being slashed by £300m without research into the potential effect of the cuts, the most senior civil servant at the Ministry of Justice (MoJ) has admitted.’

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The Independent, 5th Decemeber 2014

Source: www.independent.co.uk

Finance & Divorce Update – Family Law Week

Posted December 8th, 2014 in children, costs, divorce, foreign jurisdictions, legal aid, litigants in person, news by sally

‘Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases published by Family Law Week during November.’

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Family Law Week, 5th December 2014

Source: www.familylawweek.co.uk

A Constitutional Convention for the UK: What Form Should It Take? – UCL Constitution Unit

Posted December 8th, 2014 in constitutional law, constitutional reform, news by sally

‘Four of the five main UK political parties have voiced support for a constitutional convention based on popular participation. But what form should such a convention take? There are a variety of possible models and some would work much better than others. This presentation will set out criteria that can be used to evaluate the options and then draw on evidence from recent reform processes – notably in Canada, Iceland, and Ireland – to see which options are more or less likely to meet those criteria in the UK.’

Katie Ghose – A Constitutional Convention for the UK: What Form Should It Take?

Dr Alan Renwick- A Constitutional Convention for the UK: What Form Should It Take?

UCL Constitution Unit, 12th November 2014

Source: www.ucl.ac.uk/constitution-unit

Give child abuse viewers medical help, not prison terms, says police chief – The Independent

‘Child abuse viewers who access images and video on the internet need medical help to overcome “perverse attractions” rather than serve prison terms, said a senior police officer.’

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The Independent, 6th December 2014

Source: www.independent.co.uk

Mazher Mahmood: CPS to re-examine 25 ‘Fake Sheikh’ cases – Daily Telegraph

Posted December 8th, 2014 in Crown Prosecution Service, damages, evidence, miscarriage of justice, news by sally

‘The Crown Prosecution Service says 25 cases where the undercover journalist was a prosecution witness will be reviewed.’

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Daily Telegraph, 4th December 2014

Source: www.telegraph.co.uk

Judge issues ultimatum after ‘absurd’ £1.3m family dispute – Law Society’s Gazette

Posted December 8th, 2014 in costs, dispute resolution, documents, family courts, news by sally

‘A judge has taken the unusual step of removing most case documents from court and giving partners a final ultimatum to settle their separation dispute.’

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Law Society’s Gazette,

Source: www.lawgazette.co.uk